A Delhi court has dismissed the application of an accused in the 2020 northeast Delhi riots case seeking interim bail to attend his sister's wedding, stating that such relief is granted only in "exceptional circumstances."
The court presided over by Additional Sessions Judge Pulastya Pramachala, emphasized that attending a sister's wedding does not constitute an exceptional circumstance that would warrant the court to overlook its previous decisions denying interim bail to the accused on multiple occasions.
The court was hearing the sixth interim bail application of Mohammed Wasim, who is facing charges under various provisions of the Indian Penal Code (IPC) related to rioting, as well as sections of the Arms Act and Prevention of Damage to Public Property Act. Wasim had been declared a proclaimed offender and was arrested on September 28, 2022, after being on the run.
In its order, the court noted that no documents related to the wedding, such as a wedding card or arrangements for catering and a marriage hall, were provided by the accused. The court also highlighted that the applicant has two other brothers who can take care of the wedding arrangements.
The Special Public Prosecutor opposed the interim bail application, citing the accused's status as a proclaimed offender and arguing against granting him interim bail.
While denying interim bail, the court did provide an alternative option for Wasim to attend the wedding ceremony. The court allowed him to avail custody parole, subject to the payment of requisite expenses. Wasim was instructed to provide details of the wedding venue to the concerned jail superintendent, and upon depositing the necessary fee, he would be allowed to attend the wedding for four hours on July 23. The accompanying officials were directed to be in civil uniform in accordance with the nature of the function.
The court's decision emphasizes the importance of exceptional circumstances for granting interim bail and ensures that the merit of the case is carefully considered.
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